Acórdão nº 0045516 de Court of Appeal of Lisbon (Portugal), 15 de Outubro de 1992
| Magistrado Responsável | SILVA SALAZAR |
| Data da Resolução | 15 de Outubro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART303 ART483. CPC67 ART489 ART487 ART496 B ART516.
Jurisprudência Nacional: AC RE DE 1977/01/13 IN CJ T1 PAG129.
Sumário: I - A prescrição do direito de accionar por responsabilidade civil extracontratual não é excepção de conhecimento oficioso (art. 303, Código Civil). II - Esta prescrição, para ser actuante, tem de ser deduzida na contestação; se só na réplica o autor finalizar o enunciado dos factos que possibilita excepcionar-se a prescrição, só então ao Réu é dado, por necessidade processual lançada pelo Autor, invocar essa excepção (art 487, 489, 496 b, CPC; RE, 1977/01/13, CJ 1977, T1-129). III - Tendo os Autores factualizado como foram agredidos pelos Réus e como a...
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